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Author Topic: Prosper Class Action Suit Settled for $10 Million Over 3 Years  (Read 7023075 times)

112233

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #540 on: September 15, 2015, 06:44:17 pm »

it sounds like prosper made the payment on time and Strategic Claims dropped the ball
They were supposed to make the payment to the Class.

If Prosper pays a third party and that third party doesn't pay the Class, Prosper is in default.
makes sense. not sure if they acted as an independent escrow etc
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faithful_steward2

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #541 on: September 15, 2015, 07:55:52 pm »

I.
It's pretty simple really:

Two Scenarios:
1) If Prosper chose the disbursement company and we were not paid by 1/31 or whatever, then Prosper is in default. It would be like me hiring my friend to deliver something I owed you. If you don't get it, I am liable to you. The friend would be liable to me, but that has no bearing on my obligation to you.

2) If the disbursement company is appointed by the court or our legal representation, it could be argued that Prosper met its requirements and isn't in default. The disbursement company, however, would owe us interest (legally in CA it is 10% per annum, so  approximately 7% since it was 8 months late).

II.
I had a hard drive issue and lost my information on the first disbursement. Can people tell me whether it was the same amount for disbursement two as last year's?

III.
Assuming it's the same as last year, what has become of the funds that weren't cashed by class members? Those were supposed to be disbursed to us. In the disbursement check I got were the words that if not cashed within 120 days the amount is subject to redisbursement (to others in the class I'm assuming). This tells me after 4 months we should receive a follow up check of probably an additional 5-10% of what we were paid in the disbursement. This means the disbursement company is also holding on to these funds as well. Unless we are to believe that every single class member was able to be contacted and that every check was cashed and even those that were for $.05 were cashed, which of course in nonsense.

IV.
Fred, would you be able to ask your two contacts at the law firm and the distribution company about the follow up payments on undisbursed funds? And whether interest will be forthcoming on the funds they illegally held for 7 months? I would be willing to if you forward me their emails and you don't want to.
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Fred93

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #542 on: September 15, 2015, 09:59:11 pm »

Got my check today.

Fred93

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #543 on: September 15, 2015, 10:03:34 pm »

1) If Prosper chose the disbursement company ...
2) If the disbursement company is appointed by the court...

The disbursement company is named in the settlement agreement, which I think means that both sides agreed on the choice.  I understand what you're trying to get at ... placement of responsibility, but IANAL, and I haven't been able to figure it out.

Quote
Fred, would you be able to ask your two contacts at the law firm and the distribution company about the follow up payments on undisbursed funds?

Well...  they haven't answered the question I asked about when Prosper made the payment to the escrow.  I suspect they have gone into silent mode.

Nora_Lenderbee

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #544 on: September 15, 2015, 10:26:58 pm »

Nothing.

Well, I spoke too soon. Got the check today, for $28.61.

Quote
Can people tell me whether it was the same amount for disbursement two as last year's?

Not the same. The first check was around $26.55.
« Last Edit: September 15, 2015, 10:29:35 pm by Nora_Lenderbee »
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tmullin1217

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #545 on: September 15, 2015, 10:38:08 pm »

I received my check for $32.81 today.
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faithful_steward2

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #546 on: September 15, 2015, 11:30:16 pm »

Well...  they haven't answered the question I asked about when Prosper made the payment to the escrow.  I suspect they have gone into silent mode.

I must have misunderstood you before. I thought you had said the distribution guy said, Prosper had made the payment on time, and the error was the distibution company's.
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faithful_steward2

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #547 on: September 15, 2015, 11:31:32 pm »

Got my check today as well. $220 but don't remember what my last one was.
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Fred93

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #548 on: September 16, 2015, 12:56:45 am »

Well...  they haven't answered the question I asked about when Prosper made the payment to the escrow.  I suspect they have gone into silent mode.

I must have misunderstood you before. I thought you had said the distribution guy said, Prosper had made the payment on time, and the error was the distibution company's.

He said it was his fault, but he didn't say WHEN Prosper deposited the money.

Fred93

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #549 on: September 16, 2015, 01:13:14 am »

I took this year's check amount and divided by last year's check amount.

Ratio is 1.0774 ie about 8% more than last year.

cubbiesnextyr

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #550 on: September 16, 2015, 12:26:07 pm »

I got a junk-mail letter telling me I could get a prosper loan for up to $35,000!

But no check.  :(
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112233

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #551 on: September 16, 2015, 12:40:31 pm »

no check either. I updated my address on the website before the first check went out. I hope that update stuck.
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mothandrust

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #552 on: September 16, 2015, 12:55:32 pm »

I got a junk-mail letter telling me I could get a prosper loan for up to $35,000!
Will that cover 8 months worth of expenses while Prosper and its agent sit on the money?
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mothandrust

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #553 on: September 16, 2015, 01:11:46 pm »

Doesn't Prosper have to report to the SEC that it is in violation of the consent order? 

Isn't that of material importance to investors in the Notes they are issuing?
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rogerwaite

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Re: Prosper Class Action Suit Settled for $10 Million Over 3 Years
« Reply #554 on: September 16, 2015, 03:29:26 pm »

Nothing in the mail today.
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